JUDGMENT

Manoj Kumar Ohri, J. (Oral) CM.APPL No.12122/2023

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

FAO 58/2023 & CM.APPL No.12121/2023

3. By way of the present appeal filed under Order 43 Rule 1 CPC, the appellant/defendant No.1 seeks setting aside of order dated 14.12.2022 passed by the learned ADJ-08, Central District, Tis Hazari Courts, Delhi in Misc. DJ No.320/2020 in New Suit No.08/2007 (Old Suit No.2261/1997) whereby his application under Order 9 Rule 13 read with Section 151 CPC was dismissed.

4. Ms. Suruchi Aggarwal, learned Senior Counsel appearing for the appellant has contended that inasmuch as the Trial Court held the appellant liable for the conduct of his erstwhile counsel, it has not appreciated the facts in correct prospective. It is submitted that though the Trial Court observed that the appellant himself was a qualified advocate, it failed to appreciate that he was not a practicing advocate and only appears before the Income Tax Tribunal.

5. To appreciate the contention raised on behalf of the appellant, brief recapitulation of the facts is necessary. Respondent No.1/plaintiff had preferred the underlying suit for specific per